To compel respondent to vacate an order setting aside a default, which was entered in a case commenced by filing a declaration and entering rule to plead, after á plea-to the jurisdiction had been filed, but not within the ten days provided for by Circuit -Court Rule No. 24.

Denied February 27, 1894, with costs.

Held, that the rule relied upon applies only to cases commenced by original wait. Wyandotte Rolling Mills Co. vs. Robinson, 34 M., 428.